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■™ GOVERNMENT IN IOWA 

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A SUPPLEMENT TO S. E. FORMAN'S 
"ADVANCED CIVICS" AND ALSO 
TO HIS "AMERICAN REPUBLIC" 




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NEW YORK 

THE CENTURY CO. 

1917 



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Copyright, 1917, by 
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H, GOVERNMENT IN IOWA 



A GOVEKNMENT OF THE PEOPLE 

(Supplementing "Advanced Civics/ ' 9-15; "The American 
Eepublic," 3-9.) 

In Iowa the principles of popular government are fully 
recognized. In the preamble of the State constitution it is 
declared that a free and independent government for the 
State of Iowa is ordained and established in the name of 
the people. The bill of rights declares that all political 
power is inherent in the people ; that government is insti- 
tuted for the protection, security and benefit of the people ; 
and that the people have the right at all times to alter or 
reform the government whenever the public good may re- 
quire it. In the selection of officers the principles of popu- 
lar election and majority rule are applied. When there are 
but two candidates for an office the election is decided by 
a majority of voters. When there are more than two 
candidates for the same office a plurality of votes elects. 
Thus it may be truly said that in Iowa government is of the 
people, for the people and by the people. 

A EEPEESENTATIYE GOVEENMENT 

(Supplementing "Advanced Civics," 17-22; "The American 
Eepublic," 10-14.) 

Government in Iowa is representative in character. Pub- 
lic affairs are conducted in accordance with the principles 
of representative democracy. Officers are elected for short 
terms and in the selection of officers the rule "so many peo- 

3 



4 GOVERNMENT IN IOWA 

pie so many representatives, ' ' is quite faithfully adhered to. 
Representatives in the law-making body of the State must 
he residents of the district which they are chosen to repre- 
sent. Such representatives are vested with the power which 
is inherent in the people and act in the name and authority 
of the people. 

THE THREE DEPARTMENTS OF GOVERNMENT 

(Supplementing "Advanced Civics,' ' 20-29; "The American 
Republic/ ' 16-20.) 

In Iowa the powers of government are distributed to 
three departments, and the lines which separate these de- 
partments are sharp and clear. "The powers of the gov- 
ernment of Iowa," says the constitution, "shall be divided 
into three separate departments — the legislative, the 
executive and the judicial — and no person charged with 
the exercise of powers properly belonging to one of these 
departments shall exercise any function appertaining to 
either of the others, except in cases expressly directed or 
permitted.' ' Although a person exercising power belong- 
ing to one of the three departments may not exercise any 
function belonging to either of the others, the judicial 
department may nevertheless pass judgment upon the acts 
of the officers of any of the three departments. Moreover, 
the judicial department may declare an act of the legis- 
lative department null and void when such act is violative 
of the express terms of the constitution. 

CONSTITUTIONAL GOVERNMENT IN IOWA 

(Supplementing lt Advanced Civics," 31-37; "American 
Republic/ > 22-26.) 

Iowa has had two constitutions. The first was drawn 
up by a convention meeting at Iowa City and was adopted 
by the people at an election held in 1846, the year in which 
Iowa was admitted to the Union. The constitution of 1846 



CONSTITUTIONAL GOVERNMENT IN IOWA 5 

remained in force until 1857, when a new constitution was 
framed by a constitutional convention, submitted to the peo- 
ple, and ratified by them. The constitution of 1857 has 
remained in force until the present time. It has been 
amended from time to time but in its main features it 
stands as it was originally drawn. 

The method of amending the constitution is as follows: 

Any amendment or amendments to this constitution may be pro- 
posed in either house of the general assembly; and if the same shall 
be agreed to by a majority of the members elected to each of the 
two houses, such proposed amendment shall be entered on their jour- 
nals, with the yeas and nays taken thereon, and referred to the 
legislature to be chosen at the next general election, and shall be 
published, as provided by law, for three months previous to the time 
of making such choice ; and if, in the general assembly so next chosen 
as aforesaid, such proposed amendment or amendments shall be 
agreed to by a majority of all the members elected to each house, 
then it shall be the duty of the general assembly to submit such 
proposed amendment or amendments to the people in such manner, 
and at such time as the general assembly shall provide; and if the 
people shall approve and ratify such amendment or amendments by 
a majority of the electors qualified to vote for members of the gen- 
eral assembly, voting thereon, such amendment or amendments shall 
become a part of the constitution of this State. 

If two or more amendments shall be submitted at the same time, 
they shall be submitted in such manner that the electors shall vote 
for or against each of such amendments separately. 

When it is desired to revise the constitution a constitu- 
tional convention may be called. The process of securing 
such a convention is as follows : 

At the general election to be held in the year one thousand eight 
hundred and seventy, and in each tenth year thereafter, and also at 
such times as the general assembly may, by law, provide, the ques- 
tion, " Shall there be a convention to revise the constitution, and 
amend the same?" shall be decided by the electors qualified to vote 
for members of the general assembly; and in case a majority of the 
electors so qualified, voting at such election for and against such 
proposition, shall decide in favor of a convention for such purpose, 
the general assembly, at its next session, shall provide by law for 
the election of delegates to such convention. 



GOVERNMENT IN IOWA 



LOCAL GOVERNMENT IN IOWA 

(Supplementing " Advanced Civics, " 72-78; "The American. 
Republic/ ' 51-56.) 

In Iowa the affairs of a locality are administered in 
accordance with the principles of local self-government. 
Under the constitution the legislature has the power to 
pass laws for the government of counties, townships, cities 
and towns. The legislature may increase or diminish the 
powers of the local governments and may make changes 
in their organization, but when dealing with the local gov- 
ernments the legislature must pass uniform laws, treating 
all civil divisions of the same kind in the same way, as 
far as possible. The leading officers of the local govern- 
ments are in all cases chosen by the people. 

CIVIL RIGHTS IN IOWA 

(Supplementing "Advanced Civics, " 95-101; "The American 
Republic," 73-78.) 

The civil rights enjoyed by the citizens of Iowa are 
enumerated in the bill of rights of the State constitution, 
and are as follows : 

All men are, by nature, free and equal, and have certain inalien- 
able rights, among which are those of enjoying and defending life 
and liberty, acquiring, possessing, and protecting property, and pur- 
suing and obtaining safety and happiness. 

All political power is inherent in the people. Government is insti- 
tuted for the protection, security, and benefit of the people, and 
they have the right, at 'ill times, to alter or reform the same, when- 
ever the public good may require it. 

The general assembly shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; nor shall 
any person be compelled to attend any place of worship, pay tithes, 
taxes, or other rates, for building or repairing places of worship, 
or the maintenance of any minister or ministry. 

No religious test shall be required as a qualification for any office 
of public trust, and no person shall be deprived of any of his rights, 
privileges, or capacities, or disqualified from the performance of any 
of his public or private duties, or rendered incompetent to give 
evidence in any court of law or equity, in consequence of his opin- 



CIVIL RIGHTS IN IOWA 7 

ions on the subject of religion; and any party to any judicial pro- 
ceeding shall have the right to use as a witness, or take the testi- 
mony of, any other person, not disqualified on account of interest, 
who may be cognizant of any fact material to the case; and parties 
to suits may be witnesses, as provided by law. 

Any citizen of this State who may hereafter be engaged, either 
directly or indirectly, in a duel, either as principal or accessory 
before the fact, shall forever be disqualified from holding any office 
under the constitution and laws of this State. 

All laws of a general nature shall have a uniform operation; the 
general assembly shall not grant to any citizen or class of citizens, 
privileges or immunities, which, upon the same terms, shall not 
equally belong to all citizens. 

Every person may speak, write and publish his sentiments on all 
subjects, being responsible for the abuse of that right. No law 
shall be passed to restrain or abridge the liberty of speech, or of 
the press. In all prosecutions or indictments for libel, the truth 
may be given in evidence to the jury, and if it appear to the jury 
that the matter charged as libelous was true, and was published 
with good motives and for justifiable ends, the party shall be ac- 
quitted. 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable seizures and searches, shall 
not be violated; and no warrant shall issue but on probable cause, 
supported by oath or affirmation, particularly describing the place 
to be searched, and the person and things to be seized. 

The right of trial by jury shall remain inviolate; but the general 
assembly may authorize trial by a jury of a less number than twelve 
men in inferior courts; but no person shall be deprived of life, 
liberty, or property, without due process of law. 

In all criminal prosecutions, and in cases involving the life or 
liberty of an individual, the accused shall have a right to a speedy 
and public trial by an impartial jury; to be informed of the accu- 
sation against him; to have a copy of the same when demanded; 
to be confronted with the witnesses against him; to have compul- 
sory process for his witnesses; and to have the assistance of counsel. 

All offenses less than felony, and in which the punishment does 
not exceed a fine of one hundred dollars, or imprisonment for thirty 
days, shall be tried summarily before a justice of the peace, or other 
officer authorized by law, on information under oath, without indict- 
ment, or the intervention of a grand jury, saving to the defendant 
the right of appeal; and no person shall be held to answer for any 
higher criminal offense, unless on presentment or indictment by a 
grand jury, except in eases arising in the army or navy, or in the 
militia, when in actual service, in time of war or public danger. 

No person shall, after acquittal, be tried for the same offense. 
All persons shall, before conviction, be bailable by sufficient sureties, 
except for capital offenses, where the proof is evident, or the pre- 
sumption great. 



8 GOVERNMENT IN IOWA 

The writ of habeas corpus shall not be suspended or refused when 
application is made as required by law, unless, in case of rebellion 
or invasion, the public safety may require it. 

The military shall be subordinate to the civil power. No standing 
army shall be kept up by the State in time of peace; and in time 
of war no appropriation for a standing army shall be for a longer 
time than two years. 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war except in the 
manner prescribed by law. 

Treason against the State shall consist only in lev\ 7 ing war against 
it, adhering to its enemies, or giving them aid and comfort. No 
person shall be convicted of treason, unless on the evidence of two 
witnesses to the same overt act, or confession in open court. 

Excessive bail shall not be required; excessive fiiies shall not be 
imposed, and cruel and unusual punishment shall not be inflicted. 

Private property shall not be taken for public use without just 
compensation first being made, or secured to be made, to the owner 
thereof, as soon as the damages shall be assessed by a jury, who 
shall not take into consideration any advantages that may result to 
said owner on account of the improvement for which it is taken. 

[Amendment.] The general assembly, however, may pass laws 
permitting the owners of lands to construct drains, ditches, and 
levees for agricultural, sanitary or mining purposes across the lands 
of others, and provide for the organization of drainage districts, 
vest the proper authorities with power to construct and maintain 
levees, drains, and ditches and to keep in repair all drains, ditches 
and levees heretofore constructed under the laws of the State, by 
special assessments upon the property benefited thereby. The general 
assembly may provide by law for the condemnation of such real 
estate as shall be necessary for the construction and maintenance of 
such drains, ditches and levees, and prescribe the method of making 
such condemnation. 

No person shall be imprisoned for debt in any civil action, on 
mesne or final process, unless in case of fraud; and no person shall 
be imprisoned for a military fine in time of peace. 

The people have the right freely to assemble together to counsel 
for the common good; to make known their opinions to their repre- 
sentatives, and to petition for a redress of grievances. 

No bill of attainder, ex post facto law, or law impairing the obli- 
gation of contracts, shall ever be passed. 

Foreigners who are, or may hereafter become residents of this 
State, shall enjoy the same rights in respect to the possession, enjoy- 
ment, and descent of property, as native-born citizens. 

There shall be no slavery in this State; nor shall there be invol- 
untary servitude, unless for the punishment of crime. 

This enumeration of rights shall not be construed to impair or 
deny others retained by the people. 



IOWA IN THE NATIONAL CONGRESS 



POLITICAL RIGHTS 

(Supplementing ' ' Advanced Civics, ■ 9 102-107 ; ' ' American 
Republic," 80-85.) 

In Iowa every male citizen of the United States of the age 
of twenty-one years or over, who has been a resident of 
the State for six months and of the county in which he 
claims his vote for sixty days next preceding the election, 
is entitled to vote at all elections authorized by law. No 
idiot or insane person, or person convicted of any infamous 
crime is entitled to the privilege of voting. Voters in all 
cases except treason, felony or breach of peace, are priv- 
ileged from arrest on the days of election during their at- 
tendance at an election, going to one, or returning from 
one. On election day no voter is obliged to perform mili- 
tary duty except in time of war or public danger. "Women 
may vote at elections where the question voted upon in- 
volves the borrowing of money, the issuing of bonds, or the 
increasing of taxation. 

The right of holding office is accorded to all citizens 
except certain classes of persons who are especially dis- 
qualified. Any officer who has been impeached by the Gen- 
eral Assembly and found guilty is thereafter disqualified 
from holding any office of honor, trust or profit under the 
State. Any person giving a bribe to any officer, or any 
officer receiving a bribe, is disqualified from holding office. 

IOWA IN THE NATIONAL CONGRESS 

(Supplementing "Advanced Civics, " 116-120; "American 
Republic," 91-93.) 

Iowa is represented in Congress by two United States 
Senators, of course, and by eleven Representatives. Sena- 
tors are elected by a vote of the people of the State, the 
laws governing this election being the same as those which 
apply to the election of State officers, in so far as appli- 




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IOWA AND THE NATIONAL JUDICIARY 11 

cable. When a vacancy occurs in the office of United 
States Senator the Governor issues a writ of election to fill 
the vacancy. For the election of the National House of 
Representatives the State is divided into eleven Congres- 
sional districts, from each of which one member is elected 
by popular vote. When a vacancy occurs in a Congres- 
sional district, the Governor issues a writ of election to fill 
the vacancy. 

IOWA AND THE PEESIDENCY 

(Supplementing "Advanced Civics/ ' 148-151; "American 
Republic/ ' 118-121.) 

Iowa is entitled to thirteen presidential electors, thirteen 
being the combined number of Senators and Representa- 
tives sent by the State to the Congress of the United 
States. As in all other States, presidential electors in Iowa 
are elected on a common ticket by a popular vote. One per- 
son is chosen as elector from each Congressional district, 
and two persons from the State at large. The election 
of presidential electors is conducted in the same manner 
as the election for State officers and Representatives in Con- 
gress. On the ballot containing the names of the electors, 
the names of the candidates for President and Vice-Presi- 
dent may appear, and also the party designation. No 
person holding the office of United States Senator or Rep- 
resentative in Congress or any office of trust or profit under 
the United States is eligible as a presidential elector. 

IOWA AND THE NATIONAL JUDICIAEY 

(Supplementing "Advanced Civics/ ' 148-151; "American 
Republic/ ' 118-121.) 

For the holding of the federal District Courts in Iowa, 
the State is divided into two federal judicial districts 
known as the Southern District and the Northern District. 
Sessions of the District Court of the Southern District 



12 GOVERNMENT IN IOWA 

are held at Council Bluffs, Keokuk, Des Moines, Creston, 
Davenport, and Ottumwa. Sessions of the Northern Dis- 
trict Court are held at Cedar Rapids, Dubuque, Water- 
loo, Sioux City, and Fort Dodge. For the holding of the 
federal Circuit Court of Appeals, Iowa has been placed in 
the Eighth Circuit. Regular sessions of the federal Circuit 
Court of Appeals are held in St. Louis. Cases coming 
within the jurisdiction of the Supreme Court of the United 
States are, of course, tried in Washington. 

THE LEGISLATURE OF IOWA: THE GENERAL ASSEMBLY 

(Supplementing "Advanced Civics/' 162-167; "American 
Republic," 135-138.) 

Election, Qualifications, aoid Privileges of Members 
of the General Assembly. — The legislative power of 
the State of Iowa consists of a senate and a house of 
representatives. Both senators and representatives are 
elected by a popular vote. Senators are elected for a 
term of four years, and representatives for a term of two 
years. For the apportionment of senators and representa- 
tives the State is divided into senatorial and representative 
districts. The number of senators must not be less than 
one third nor more than one half of the number of repre- 
sentatives. At present the senate consists of 50 members,, 
and the house of representatives of 108 members. The 
election of members of the General Assembly is held on 
the first Tuesday after the first Monday in November in 
the even numbered years. Senators are so classified that 
one half of their number is elected every two years. When 
vacancies occur in either branch of the General Assembly 
the Governor issues writs of election to fill such vacancies. 
No person may be a senator or representative who is not 
a citizen of the United States and who has not been an 
inhabitant of Iowa one year next preceding his election, 
and at the time of his election shall have had an actual 



THE LEGISLATURE OF IOWA 13 

residence of sixty days in the district he may have been 
chosen to represent. A senator must be at least twenty- 
five years of age and a representative at least twenty-one 
years of age. No person holding any lucrative office — an 
office to which a regular salary is attached — under the 
United States, or the State of Iowa, can legally hold a seat 
in the General Assembly. But unsalaried officers of the 
militia, justices of the peace, postmasters whose compensa- 
tion does not exceed $100, and notaries public, are eligible 
as members. No person who has been a collector or holder 
of public money can hold a seat in either house until he 
has accounted for and paid into the treasury all sums 
for which he is liable. The question as to who is lawfully 
a member of the General Assembly and who is not is decided 
by each house for itself, for each house is the judge of 
the election and qualifications of its own members. Every 
member of the General Assembly, before he enters upon 
his duties, must subscribe to the following oath, or affirma- 
tion: "I do solemnly swear (or affirm, as the case may 
be) that I will support the Constitution of the United 
States, and the constitution of the State of Iowa, and 
that I will faithfully discharge the duties of senator (or 
representative, as the case may be) according to the best 
of my ability." Senators and representatives during the 
session of the General Assembly, and in going to and re- 
turning from sessions, are privileged from arrest in all 
cases except treason, felony, or breach of peace. 
Organization. — The General Assembly holds its sessions 
in the State House at Des Moines, the capital of the State. 
The regular session begins on the second Monday in 
January, in the odd-numbered years. At the opening of a 
session of the General Assembly the senate is called to 
order by the Lieutenant-Governor, and the house of rep- 
resentatives by some person claiming to be a member of 
the house. The house organizes by electing a speaker, a 
clerk, a sergeant-at-arms, and other assistants. The senate 



14 GOVERNMENT IN IOWA 

elects a similar body of officers. The senate does not choose 
a permanent presiding officer, for the Lieutenant-Governor 
is ex-officio the president of the senate. A member of the 
senate, however, is chosen to act as president pro tempore in 
the absence of the Lieutenant-Governor. In the senate com- 
mittees are appointed by the president ; in the house of rep- 
resentatives by the speaker. In the senate there are about 
thirty standing committees ; in the house about sixty. Some 
of the principal standing committees are : ways and means, 
(revenue), appropriations, judiciary, public school, rail- 
roads, agriculture, highways, cities and towns, elections, in- 
surance, labor, corporations, public health, manufacturing, 
public utilities, commerce and trade, charitable institutions, 
military affairs, public lands, constitutional amendments, 
suppression of intemperance, woman suffrage, mines and 
mining. A majority of all the members elected to each 
house constitutes a quorum competent to transact business. 
Each house determines its own rules of procedure. The 
proceedings of both houses are public and the doors of 
both houses are open, except in such cases as may require 
secrecy. Neither house may without the consent of the 
other, adjourn for more than three days. Either house 
may punish members for disorderly behavior, and with the 
consent of two thirds of its members may expel a member, 
but not a second time for the same offense. Every member 
has the liberty to dissent from or protest against any act 
or resolution which he may think injurious to the public 
or to an individual, and may have the reasons for his dis- 
sent entered on the journals. The General Assembly fixes 
the compensation of members, but no increase in the com- 
pensation of members can become effective during the term 
of office for which they are elected. At present the salary 
of both senators and representatives is $1,000 for each full 
regular session. 

Passage of Bills. — Bills may originate in either house, 
but any bill originating in one house may be altered, 



THE LEGISLATURE OF IOWA 15 

amended, or rejected by the other. A bill having passed 
both houses must be signed by the speaker of the house 
of representatives and by the president of the senate. At 
the desire of any two members present the yeas and nays 
of the members of either house on any question may be 
entered on the journals. No bill may be passed unless by 
the assent of a majority of all the members elected to each 
branch of the General Assembly. No law of a public nature 
passed at a regular session shall take effect until the 
fourth day of July next after the passage thereof. Laws 
passed at a special session take effect ninety days after the 
adjournment of the General Assembly by which they were 
passed. When a law is deemed to be one of immediate 
importance it may take effect upon its passage, but such a 
law must be published in the newspapers of the State. 

A bill passed by the General Assembly may be vetoed by 
the Governor, but the veto may be overcome by a two-thirds 
vote of both houses. The constitutional provision regulat- 
ing the veto is as follows : 

Every bill which shall have passed the General Assembly, shall, be- 
fore it becomes a law, be presented to the governor. If he approve, 
he shall sign it; but if not, he shall return it, with his objections, to 
the house in which it originated, which shall enter the same upon 
their journal, and proceed to reconsider it; if, after such reconsider- 
ation, it again pass both houses, by yeas and nays, by a majority of 
two-thirds of the members of each house, it shall become a law, 
notwithstanding the governor's objections. If any bill shall not be 
returned within three days after it shall have been presented to him 
(Sunday excepted), the same shall be a law in like manner as if he 
had signed it, unless the General Assembly by adjournment, prevent 
such return. Any bill submitted to the governor for his approval 
during the last three days of a session of the General Assembly, shall 
be deposited by him in the office of the secretary of state within 
thirty days after the adjournment, with his approval, if approved by 
him, and with his objections, if he disapproves thereof. 

Certain restrictions are placed upon the law-making 
power of the General Assembly. It can pass no law that is 
contrary to the Constitution of the United States or to the 



16 GOVERNMENT IN IOWA 

constitution of Iowa. In addition to this restriction the 
State constitution expressly forbids the General Assembly 
to grant divorces or to authorize lotteries or allow the sale 
of lottery tickets. The General Assembly is also forbidden 
to pass local or special laws in the following cases : 

For the assessment and collection of taxes for State, 
county or road purposes. 

For laying out, opening, and working, roads and high- 
ways. 

For changing the names of persons. 

For the incorporation of cities and towns. 

For vacating roads, town plats, streets, alleys, or public 
squares. 

For locating or changing county seats. 

In all the cases above enumerated, and in all other cases 
where a general law can be made applicable, all laws shall 
be general and of uniform operation throughout the State. 
Impeachment. — The Governor and all civil officers of 
the State are liable to impeachment for misdemeanors and 
malfeasance in office. The constitutional provisions in re- 
gard to impeachment are as follows: 

The house of representatives shall have the sole power of impeach- 
ment, and all impeachments shall be tried by the senate. When 
sitting for that purpose, the senators shall be upon oaths or affirma- 
tion; and no person shall be convicted without the concurrence of 
two -thirds of the members present. 

The governor, judges of the supreme and district courts, and other 
state officers, shall be liable to impeachment for any misdemeanor 
or malfeasance in office, but judgment in such cases shall extend only 
to removal from office, and disqualification to hold any office of 
honor, trust, or profit under this state; but the party convicted or 
acquitted shall nevertheless be liable to indictment, trial, and pun- 
ishment according to law. All other civil officers shall be tried for 
misdemeanors and malfeasance in office, in such manner as the gen- 
eral assembly may provide. 



THE STATE EXECUTIVE DEPARTMENT 17 



THE STATE EXECUTIVE DEPARTMENT 

(Supplementing "Advanced Civics, M 170-175; "American 
Republic/ ' 144-149.) 

The executive department of the State government of 
Iowa consists of a Governor, a Lieutenant-Governor, a Sec- 
retary of State, an Auditor of State, a Treasurer of State, 
and an Attorney-General. These officers are elected in 
November of each even-numbered year for the term of 
two years. The special term begins on the second Monday 
of January next after their election. There are also 
elected by the voters of the State, for a term of four years, 
a Superintendent of Instruction and a Board of Rail- 
road Commissioners, consisting of three members. 

The supreme executive department of the State is vested 
in the Governor, who must be a citizen of the United 
States, and must have been a resident of the State for two 
years next preceding his election, and have attained the 
age of thirty years at the time of his election. The chief 
duty of the Governor is to take care that the laws of the 
State are faithfully executed. He may require information 
in writing from the officers in the executive departments 
upon any subject relating to the duties of their respective 
offices. He states at every session, by message to the Gen- 
eral Assembly, the condition of the State and recommends 
such measures as he deems expedient. On extraordinary 
occasions he may convene the General Assembly by proc- 
lamation in special session and state the purpose for which 
the special session is called. In case of disagreement be- 
tween the two houses in respect to time of adjournment, 
the Governor has power to adjourn the General Assembly 
to such time as he may think proper, but no such adjourn- 
ment shall be beyond the first day of the next regular 
session. 

The Governor is the Commander-in-chief of the military 



18 GOVERNMENT IN IOWA 

and naval forces of the State except when they are called 
into the service of the United States. He has power, after 
conviction, to grant reprieves, commutations and pardons 
for all offenses except treason and cases of impeachment 
subject to such regulations as may be provided by law. 
He may also remit fines and forfeitures under regulations 
prescribed by law. He must, however, report to the Gen- 
eral Assembly each case of reprieve, commutation or par- 
don granted and give his reasons therefor, and must also 
report the persons in whose favor there has been a remis- 
sion of fines and forfeitures. The seal of the State, known 
as the ' ' Great Seal of the State of Iowa, ' ' is in the keeping 
of the Governor and is officially used by him in making 
grants and commissions. When for any cause there is a 
vacancy in any office, and no mode is provided by the con- 
stitution or laws for filling the vacancy, the Governor has 
the power to fill it by granting a commission which expires 
at the end of the next session of the General Assembly or 
at the next election by the people. The Governor appoints, 
by and with the consent of the senate, all the principal 
officers of the State, not elected by the people. In the case 
of death, impeachment, resignation, removal, or other dis- 
ability of the Governor, the powers and duties of his office 
devolve upon the Lieutenant-Governor. 

The Lieutenant-Governor is the ex-officio president of the 
senate, but he has no vote except when the senate is equally 
divided. If the Lieutenant-Governor, while executing the 
office of Governor, should be impeached, or should die, or 
resign, or otherwise become incapable, the president pro 
tempore of the senate would act as Governor; and if the 
president of the senate for any reason should be rendered 
incapable of performing the duties pertaining to the office 
of Governor, the speaker of the house of representatives 
would become Governor. 

The duties of the Secretary of State, the Auditor of 
State, the Treasurer of State, the Attorney- General, and 



THE STATE EXECUTIVE DEPARTMENT 19 

the Superintendent of Public Instruction are for the most 
part such as were described in the chapter on the State 
Executive in the main body of the book ("Advanced Civ- 
ics/' pp. 172-174; "American Republic," pp. 146-148). 
(For the duties of the Board of Railroad Commissioners 
see page 39. *) 

The Governor, the Secretary of State, the Auditor of 
State, and the Treasurer of State act for certain purposes 
in an executive council. Among the duties of the executive 
council are the following : 

To purchase supplies and furniture for the State de- 
partments. 

To assess the property of railway, express, telegraph, or 
telephone companies. 

To regulate property valuations (assessments) between 
the counties. 

To determine the value at which property may be taken 
by Iowa corporations. 

To superintend the taking of the State census. 

To canvass the vote cast for State and district officers. 

To compile and publish annual reports of transportation 
companies and biennial reports of the several State de- 
partments. 

The salaries of executive officers are fixed by the General 
Assembly, and are as follows: Governor, $6,800; Lieuten- 
ant-Governor, $2,000; Secretary of State, $3,600; Auditor 
of State, $3,600; Treasurer of State, $3,600; Attorney- 
General, $5,000; Superintendent of Public Instruction, 
$4,000 ; Railroad Commissioners, $2,200 for each member. 

In order to meet the needs of the State, the General As- 
sembly has created many administrative offices, boards and 
commissions. Among these are the following : 

(1) The Adjutant General, appointed by the Governor for a term 
of four years, is the chief of the Governor's military staff. He 

1 Unless otherwise stated the references are to pages of this 
Supplement. 



20 GOVERNMENT IN IOWA 

issues and transacts the orders of the commander-in-chief (the Gov- 
ernor) and assists in the management of the State militia. 

(2) The State Commissioner of Insurance, appointed by the Gov- 
ernor for a term of four years, is the head of the insurance depart- 
ment, and has a general supervision of all insurance business trans- 
acted in the State. 

(3) The State Commissioner of Labor and Statistics, appointed 
by the Governor for a term of two years, collects and publishes 
information regarding conditions which prevail among the laboring 
classes, and enforces the laws relating to the employment of children. 
(P. 46.) 

(4) The Board of Parole, consisting of three members appointed 
by the Governor for a term of six years, make rules and regulations 
for the parole of prisoners (p. 48) and assists the Governor where 
cases of pardon are concerned. 

(5) The Diary and Food Commission, appointed by the Governor 
for a term of two years, is charged with the duty of enforcing the 
pure food laws and the laws regulating standard weights and meas- 
ures. 

(6) The State Department of Agriculture is managed by a board 
styled the State Board of Agriculture, of which the Governor, the 
president of the State College of Agriculture and Mechanic Arts, the 
State Dairy and Food Commissioner and State Veterinarian are 
ex-officio members; the other members are a president, a vice-pres- 
ident, a secretary, a treasurer, and one member from each of the 
eleven congressional districts of the State. The president, vice- 
president and district members are chosen at an annual agricultural 
convention composed of delegates representing certain agricultural 
societies. The secretary and treasurer are elected by the board. 
The duty of the department is to promote the interests of agricul- 
ture and to investigate all subjects relating to the improvement and 
diversification of crops. 

(7) The State Librarian, appointed for a term of six years by a 
Board of Library Trustees, has charge of the State Library at Des 
Moines. 

(8) The State Printer and Binder, elected by the General Assem- 
bly for the term of two years, has charge of the printing and bind- 
ing of various books, reports, and public documents issued by the 
State. 

(9) The State Fish and Game Warden, appointed for a term of 
three years by the Governor, enforces obedience to the fish and game 
laws, and promotes the game and fish interests of the State. 

(10) The State Board of Health, appointed for a term of five 
years by a board of appointment composed of the Governor, the 
Secretary of State and the Auditor of State, consists of a sanitary 
engineer and four physicians. This board has general supervision 
in regard to matters affecting the public health (p. 51). 

(11) The State Highway Commission, consisting of the dean of 
engineering of the State College of Agriculture and Mechanic Arts, 



THE STATE JUDICIARY 21 

and of two other members appointed by the Governor, for a term 
of four years, is charged with a general supervision over the high- 
ways of the State (p. 38). 

(12) The State Fire Marshal, appointed by the Governor for a 
term of four years, investigates the cause and origin of fires occur- 
ring in the State. 

(13) The State Board of Control, consisting of three members 
appointed by the Governor for a term of six years, has charge of 
the charitable and penal institutions of the State. 

(14) The State Board of Education, consisting of nine members, 
appointed by the Governor for a term of six years, is charged with 
the management and control of the State University at Iowa City, 
the State College of Agriculture and Mechanic Arts, the State Teach- 
ers ' College at Cedar Falls, and the College for the Blind at Vinton. 

THE STATE JUDICIAEY 

(Supplementing " Advanced Civics," 177-182; "American 
Kepublic," 151-157.) 

Justice of the Peace. — The judicial power of the State 
of Iowa is vested by the constitution in courts held by 
justices of the peace, district courts, a supreme court, and 
such inferior courts as the General Assembly may from 
time to time establish. Justices of the peace are elected by 
the voters of the townships, two being chosen for each town- 
ship for the term of two years. They try all civil cases 
except cases in chancery (equity), and cases involving the 
title to real estate, where the amount in controversy does 
not exceed $100. By the consent of the parties in the case 
the amount involved may be increased to any amount not 
exceeding $300. The justices of the peace may also try 
those criminal cases where the punishment prescribed by 
law does not exceed a fine of $100, or thirty days' imprison- 
ment in the county jail. A justice's court may have a jury 
of six men, if a jury is demanded. In addition to these 
regular judicial duties the justice of the peace may perform 
the marriage ceremony, administer oaths, and take acknowl- 
edgment of deeds and other written instruments. 
District Courts. — The more important cases, both civil 
and criminal, are tried in the district courts. For the or- 



22 GOVERNMENT IN IOWA 

ganization of these courts the State is divided into twenty- 
one judicial districts, a district including sometimes only- 
one county and sometimes as many as seven or eight. Ses- 
sions of the district court are held at the county seat in 
each county. Each district is entitled to from one to five 
judges, the number being fixed by the General Assembly. 
At present there are altogether fifty-nine judges of the 
district courts. The judges are elected for terms of four 
years and receive an annual salary of $3,500. The district 
court has general, original and exclusive jurisdiction in all 
actions, both civil and criminal, except in cases where ex- 
clusive or concurrent jurisdiction is conferred upon some 
other court or tribunal by the constitution or laws of the 
State. It has appellate jurisdiction in cases brought up to 
it from inferior courts. It also performs the duties of 
a probate court. 

Superior Courts. — In any city of 4,000 inhabitants or more 
an inferior court, known as the Superior Court, may be established 
if the voters so desire. The judge of a Supreme Court is elected by 
the voters of the city, and holds office for four years. It tries cases 
arising under the ordinances of the city. In certain classes of cases 
it has concurrent jurisdiction with the District Court. It also has 
concurrent jurisdiction with the justice 's court. Criminal cases are 
appealed from the Superior Court to the District Court. Superior 
Courts have been established in Cedar Kapids, Council Bluffs, Grin- 
nell, Keokuk, Oelwein, Perry and Shenandoah. 

Municipal Courts. — In any city of 20,000 inhabitants or more 
an inferior court known as the Municipal Court may be established 
if the voters so desire. The judge of a Municipal Court is elected 
by the voters of the city for a term of four years. One municipal 
judge is elected for each 20,000 inhabitants or fraction thereof. In 
cities where a Municipal Court has been established all minor courts 
such as police courts, mayor's courts, courts held by justices of the 
peace, and Superior Courts are abolished and their jurisdiction is 
conferred upon the Municipal Court. 

The Supreme Court. — The Supreme Court of Iowa con- 
sists of seven judges elected by the voters of the State 
for a term of six years. The salary of the judges of the 
Supreme Court is $6,000. Three regular sessions of the 
court are held each year at Des Moines. The jurisdiction 



COUNTY GOVERNMENT IN IOWA 



23 



of the Supreme Court is almost entirely appellate in char- 
acter, although it has original jurisdiction in cases involv- 
ing the issuance of certain classes of writs. In respect to 
appeals carried to the Supreme Court from the lower courts, 
the following rules are observed : 

Appeals from the superior and district courts may be taken to the 
supreme court at any time within six months from the rendition of 
the judgment or order appealed from, and not afterwards. No 
appeal shall be taken in any cause in which the amount in contro- 
versy between the parties, as shown by the pleadings, does not exceed 
one hundred dollars, unless the trial judge shall, during the term 
in which judgment is entered, certify that the cause is one in which 
the appeal should be allowed, and upon such certificate being filed 
the same shall be appealable regardless of the amount in contro- 
versy, but this limitation shall not affect the right of appeal in any 
action in which an interest in real estate is involved, nor shall the 
right of appeal be affected by the remission of any part of the ver- 
dict or judgment returned or rendered. 

Appeals from the final judgment of the district court may be 
taken in all criminal cases within six months after the judgment is 
rendered; and either the defendant or the state may appeal. Upon 
appeal the supreme court may affirm, reverse or modify the judg- 
ment or render such judgment as the district court should have done. 
It may order a new trial or reduce the punishment, but cannot in- 
crease it. If the state appeals, the court cannot reverse or modify 
the judgment so as to increase the punishment, but may affirm it 
and shall point out any error in the proceedings and its decision 
shall be obligatory as law. 



COUNTY GOVERNMENT IN IOWA 

(Supplementing "Advanced Civics/ ' 195-201; "American 
Republic," 158-164.) 

In Iowa there are 94 counties. 1 The constitution per- 
mits the formation of new counties, but a new county must 



1 Adair 


Buchanan 


Chickasaw 


Delaware 


Grundy 


Adams 


Buena Vista 


Clarke 


Des Moines 


Guthrie 


Allamakee 


Butler 


Clay 


Dickinson 


Hamilton 


Appanoose 


Calhoun 


Clayton 


Dubuque 


Hancock 


Audubon 


Carroll 


Clinton 


Emmet 


Hardin 


Benton 


Cass 


Crawford 


Fayette 


Harrison 


Black Hawk 


Cedar 


Dallas 


Franklin 


Henry 


Boone 


Cerro Gordo 


Davis 


Fremont 


Howard 


Bremer 


Cherokee 


Decatur 


Greene 


Humboldt 



24 



GOVERNMENT IN IOWA 



have an area of not less than 432 square miles, and the 
territory of an organized county must not be reduced in 
area below 432 square miles. Before the boundaries of a 
county can be changed the laws directing the change must 
be submitted to the voters of the counties affected, and 
approved by a majority of the voters in each county. The 
location of a county seat cannot be changed except with the 
consent of a majority of the voters of the county. 

Laws for the government of the county are passed by 
the General Assembly, the constitution providing that such 
laws shall be uniform. The governing body of the county 
is a board of supervisors, consisting of three, or five, or 
seven members, the number being determined by the voters 
of the county. As a rule the board of supervisors consists 
of three members. The supervisors are elected for a term 
of three years. They may be chosen by the voters of the 
county on a general ticket, or the county may be divided 
into supervisor districts and one supervisor elected for 
each district. For duties of the board of supervisors see 
4 'Advanced Civics," page 198; "American Kepublic," 
pages 160-161. 

The other county officers are : an auditor, a treasurer, a 
clerk of the district court, a sheriff, a recorder of deeds, a 
county attorney, a county superintendent of schools, a sur- 
veyor, and a coroner. These officers are elected by the 
people and serve for a term of two years. Still another 
county officer is the county engineer (p. 38), who is ap- 
pointed by the board of supervisors for a term of one year. 



Ida 


Louisa 


Montgomery 


Poweshiek 


Wapello 


Iowa 


Lucas 


Muscatine 


Einggold 


Warren 


Jackson 


Lyon 


'Brien 


Scott 


Washington 


Jefferson 


Madison 


Osceola 


Shelby 


Wayne 


Johnson 


Mahaska 


Page 


Sioux 


Webster 


Jones 


Marion 


Palo Alto 


Story 


Winnebago 


Keokuk 


Marshall 


Plymouth 


Tama 


Winneshiek 


Kossuth 


MitcheU 


Pocahontas 


Taylor 


Worth 


Lee 


Monona 


Polk 


Union 


Wright 


Linn 


Monroe 


Pottawattamie 


Van Buren 





TOWNSHIPS 25 

For the general duties and powers of county officers see 
"Advanced Civics, " pages 198-200; "American Repub- 
lic/' pages 160-163. 

In Iowa the auditor, besides drawing warrants upon the 
treasurer, acts as the secretary of the board of supervisors, 
and assists in conducting elections. The treasurer, besides 
receiving and paying out the money of the county, has 
charge of the collection of the county taxes. 

The compensation of county officers is provided for in 
various ways. Members of the board of supervisors receive 
$4.00 per day for each day actually in session, the number 
of days of service being limited by law. The auditor, treas- 
urer, recorder, clerk of the court, and sheriff, receive sal- 
aries graded according to the population of the county, the 
greater the population the greater the salary. The county 
superintendent receives a salary of $1,500 per year, but 
the school authorities by whom he is appointed may allow 
him such further sums as may be just and proper. 

TOWNSHIPS 

(Supplementing "Advanced Civics/ ' 210-215; "American 
Bepublic," 171-176.) 

In Iowa the township has been created by the action of 
the General Assembly. That body has authorized the board 
of supervisors of each county to divide the county into as 
many townships as may be convenient, has provided for 
the election of township officers, has imposed upon such 
officers certain duties, and has invested them with certain 
powers. The township officers elected by the people are: 
three trustees, a township clerk, two justices of the peace, 
two constables, and an assessor. These officers are all 
chosen for a period of two years by the qualified voters of 
the township at a township election held in November. 

The general management of township affairs is placed in 
the hands of the trustees. These officers act as overseers 



26 GOVERNMENT IN IOWA 

of the poor (p. 49) ; they constitute a board of health 
(p. 50) ; they serve as election officers; they care for the 
public roads, levy the property road tax, and direct the 
expenditure of the road funds; they sit as a board of 
equalization and adjust unsatisfactory assessments of prop- 
erty; they care for the public buildings belonging to the 
township. The township clerk is the secretary of the board 
of trustees and is also the township treasurer. He makes 
public a statement of all moneys received and expended 
by the trustees. The assessor makes a list of all the tax- 
payers of the township and assesses the value of the prop- 
erty of each. 

Compensation for the services of township officers is pro- 
vided in several different ways. For regular official busi- 
ness each of the trustees receives two dollars for a day's 
service, except that in townships with a population of 
30,000 or over, the compensation is three dollars a day. 
The township clerk receives the same compensation that is 
given to a trustee and in addition is allowed five per cent 
of the money which is intrusted to him as treasurer. The 
township assessor receives two and one half dollars for each 
day of actual service. Justices of the peace and constables 
are paid by fees. 

MUNICIPALITIES 

(Supplementing "Advanced Civics," 216-224; "American 
Republic," 177-185.) 

The Iowa Town. — Municipalities which in many States 
are known as villages, are in Iowa known as towns, for 
there are in this State no distinct incorporated villages, 
although town sites, platted and unincorporated, are known 
in law as villages. A municipality having a population of 
less than two thousand inhabitants is called a town. There 
are about 800 towns in the State. When the people of a 
thickly settled, unorganized community wish to be incor- 



MUNICIPALITIES 27 

porated as a town, they may apply to the district court, 
presenting a petition signed by not less than twenty-fiv< 
voters residing within the area of the proposed town. 
The court upon receiving the petition appoints five com- 
missioners, authorizing them to hold an election to decide 
whether the community shall be incorporated or not. If a 
majority of the voters decide in favor of incorporation the 
court directs the commissioners to hold an election for 
choosing town officers. 

The elective officers of the town are a mayor, a council 
of five members, a town treasurer, and an assessor. These 
are all elected for a term of two years. A town clerk i 
appointed by the town council. A town marshal, a health 
physician, and a street commissioner are appointed by the 
mayor. The mayor also appoints such other officers as may 
be provided by the council. 

The council is the town legislature. It passes ordinances, 
such as may seem necessary and proper to provide for the 
safety, preserve the health, promote the prosperity and 
improve the morals, comfort, and convenience of the inhab- 
itants of the town. It determines the amount of money 
to be raised by taxation to meet town expenditures; it 
improves existing streets and lays out new ones; it pro- 
vides water works for the town; it makes regulations 
against the danger of fire; and in many other ways cares 
for the safety and convenience of the public. All ordi- 
nances of the council must be signed by the mayor unless 
passed over his veto. 

The mayor is the chief executive officer of the town. He 
presides at the meetings of the council, although he has no 
vote except in the case of a tie. He is the guardian of 
peace and good order within the limits of the town, and 
he may cause the arrest of persons committing crimes 
against the laws of the State or violating any ordinances 
of the town. In certain cases he may act as a magistrate 
with the jurisdiction of a justice of the peace. 



28 



GOVERNMENT IN IOWA 



The Government of Cities. — When a town has two 
thousand or more people it becomes a city. 1 Cities in Iowa 
must be organized and governed under general laws. Un- 
der a law of the General Assembly municipal corporations 
with a population of more than 15,000 are classified as cities 
of the first class ; those with a population of 2,000 but not 
exceeding 15,000 are cities of the second class. 

Cities are governed according to the council system, the 
commission system, and the city manager system. 2 Where 



following cities of Iowa had a population of over 



*In 1915 the 
2,000 : 

Albia 

Algona 

Ames 

Anamosa 

Atlantic 

Audubon 

Belle Plaine 

Bloomfield 

Boone 

Burlington 

Carroll 

Cedar Falls 

Cedar Eapids 

Centerville 

Charles City 

Charlton 

Cherokee 

Clarinda 

Clarion 

Clear Lake 

Clinton 

Colfax 

Council Bluffs 

Cresco 

Creston 

2 There are several cities that are not governed according to either 
of these plans. These are such as were organized under special 
charters before the present constitution went into effect in 1857, and 
have not been brought under the operation of the general laws gov- 
erning municipalities, although they are subject to the control of the 
legislature the same as other cities. In 1917 the cities governed 
under special charters were Davenport, Dubuque, Glenwood, Musca- 
tine, and Wapello. 



Davenport 


Iowa Falls 


Oskaloosa 


Decorah 


Jefferson 


Ottumwa 


Denison 


Keokuk 


Pella 


Des Moines 


Knoxville 


Perry 


Dubuque 


Lake City 


Red Oak 


Eagle Grove 


Le Mars 


Rock Rapids 


Eldon 


Leon 


Sac City 


Eldora 


Manchester 


Seymour 


Emmetsburg 


Maquoketo 


Sheldon 


Estherville 


Marengo 


Shenandoah 


Fairfield 


Marion 


Sigourney 


Forest City 


Marshalltown 


Sioux City 


Fort Dodge 


Mason City 


Spencer 


Fort Madison 


Missouri Valley 


Storm Lake 


Glenwood 


Monticello 


Tama 


Grinnell 


Mt. Pleasant 


Toledo 


Hamburg 


Muscatine 


Valley Junction 


Hampton 


Mystic 


Villisca 


Harian 


Nevada 


Vinton 


Hawarden 


J^ew Hampton 


Washington 


Humboldt 


Newton 


Waterloo 


Ida Grove v 


Oelwein 


Waukon 


Independence 


Onawa 


Waverly 


Indianola 


Osage 


Webster City 


Iowa City 


Osceola 


Winterset 



MUNICIPALITIES 29 

-cities are governed according to the council system the 
legislative power is vested in a city council consisting of one 
councilman elected for each ward and of two councilmen 
at large, elected by the voters of the city for a term of 
two years. In cities of the first class, governed according 
to the council system, the executive officers, elected by the 
voters, are a mayor, a solicitor, a treasurer, an auditor, 
a city engineer, and an assessor. In cities of 30,000 inhab- 
itants, or more, the council may establish a board of public 
works, consisting of two members, to be appointed by the 
mayor ; in cities with a population of 50,000, or more, a 
board of public works must be established. In cities of the 
second class, governed according to the council system, the 
elective executive officers are a mayor, a treasurer, and an 
assessor, the solicitor in such cities being appointed by 
the council. As in towns, so in cities under the council 
system, a city clerk is elected by the council, and a marshal 
(or chief of police), a health physician, and a street com- 
missioner are appointed by the mayor. Such other officers 
as may be necessary for purposes of administration are 
provided for by the council. In all cities the elective 
executive officers are chosen for a term of two years. 

In cities governed according to the commission system 
the governing body (the commission) consists of a council 
elected at large by the voters of the city. In cities of 
25,000 and over, the council consists of the mayor and four 
councilmen; in cities of 2,000 and less than 25,000, the 
council consists of a mayor and two councilmen. Under the 
commission system the council acts both as a legislative and 
executive body. The mayor presides at all meetings of 
the council but he has no power to veto any measure. 
Every resolution or ordinance of the council, however, 
must be signed by the mayor or by two councilmen before 
it can have force. For the administration of the affairs 
of the city the powers of the council are distributed to 
five departments, as follows: 



30 GOVERNMENT IN IOWA 

1. A Department of Public Affairs. 

2. A Department of Accounts and Finance. 

3. A Department of Public Safety. 

4. A Department of Streets and Public Improvements. 

5. A Department of Parks and Public Property. 

At the head of each of these departments is one of the 
members of the council, who is known as the superintend- 
ent. The mayor is always the superintendent of the depart- 
ment of public affairs. The superintendent of each of the 
other departments is designated by a majority vote of the 
council itself. Each superintendent (councilman) has full 
charge of his own department, and is responsible for its* 
efficient management. In cities of less than 25,000 there 
are designated to each councilman two departments. The 
council elects by a majority vote the following officers: a 
city clerk, a solicitor, an assessor, a treasurer, an auditor, a 
civil engineer, a city physician, a marshal, a market master, 
a street commissioner, and such other officers and assistants 
as may be necessary for the efficient administration of the 
affairs of the city. In cities of less than 25,000 inhabitants, 
however, all the above named officers need not be elected, 
but only such as may in the judgment of the council be 
necessary for the proper management of the city's affairs. 
The council has power to create or discontinue offices 
according to the needs of the city. It may fix the com- 
pensation of the officers whom it elects, but the salaries of 
the members of the council (commissioners) are regulated 
by a law of the General Assembly. In cities governed 
under the commission system the devices of the initiative 
and referendum and the recall have been adopted, and may 
be set in operation upon the petition of 25% of the voters. 
An inefficient or corrupt councilman (commissioner) there- 
fore may be removed from office by the recall, and the 
initiative or referendum may be invoked for the passage 
or amendment of any ordinance. The commission system 
is in operation in Des Moines, Cedar Rapids, Burlington, 



MUNICIPALITIES 31 

Fort Dodge, Keokuk, Marshalltown, Sioux City, Ottumwa, 
and Mason City. 

For cities governed under the city manager system the 
General Assembly has enacted two different laws. One 
of these laws provides that all cities and towns, except cities 
under the commission form of government and cities hav- 
ing a population of more than 25,000, may by ordinance 
create the office of city manager and fix the duties, powers 
and compensation of such officer. The manager is to be 
appointed by a majority vote of the council and is to hold 
office during the pleasure of the council. The second law 
relating to the city manager system provides that twenty- 
five per cent of the voters of the city may petition the 
council for an election to decide whether the city manager 
plan shall be added or not. If the plan is adopted in cities 
of 25,000 or more inhabitants, a council consisting of five 
members is to be elected. If adopted in cities of less than 
25,000 inhabitants a council consisting of three members 
is to be elected. 1 The council selects one of its members as 
chairman, and the member thus selected is designated as 
mayor and is recognized as the official head of the city or 
town. The council also appoints a city manager, who is the 
administrative head of the municipal government. In mak- 
ing the appointment of the manager the council must con- 
sider the qualifications and fitness only of the person ap- 
pointed and must not regard his political affiliations or the 
place of his residence. The duties of the city manager are 
many. He must see that the laws and ordinances of the 
city are faithfully enforced ; he must attend to the meetings 
of the council and recommend to it such measures as he 
may deem wise and expedient; he must supervise and 
direct the conduct of many of the appointive officers; he 

1 Where a city with more than 25,000 inhabitants and less than 
75,000 lies in two townships divided by a water course, four council- 
men are elected, two being elected from that part of the city lying 
within each of the townships. 



32 GOVERNMENT IN IOWA 

may employ and dislodge many classes of city employees; 
he supervises and manages all public improvements; he 
must prepare and submit to the council an annual budget 
of the expenses of the city. In 1917 several cities were 
planning to adopt the city manager system. 

PARTY ORGANIZATION 

(Supplementing " Advanced Civics, " 232-255: "American 
Republic," 186-192.) 

Party organization is duly recognized by the laws of 
Iowa and is made the subject of legal control. A political 
party is defined by law as a " party which at the last pre- 
ceding general election cast for its candidate for governor 
at least two per centum of the total vote cast at said 
election. " A primary election is defined as "an election 
by the members of the various political parties for the 
purpose of placing in nomination candidates for public 
office, for selecting delegates to conventions, and for the 
selection of party committeemen." A primary election 
law provides for the nomination of candidates for State 
officers for the General Assembly, for the United States 
Senate, for the National House of Representatives, and 
for the office of presidential elector. Delegates to party 
conventions and party committeemen are also nominated at 
primary elections. Also in certain classes of cities candi- 
dates for the elective municipal offices are nominated at 
primary elections. Party nominations are made in a man- 
ner prescribed by law, and primary elections are held at 
times and in the manner prescribed by law. Primary elec- 
tions are conducted as regularly and as honestly as are 
regular elections. Bribing and illegal voting at such elec- 
tions are punishable by fine or imprisonment. 



DEFENSE: THE MILITIA OF IOWA 33 



DEFENSE: THE MILITIA OF IOWA 

(Supplementing " Advanced Civics, " 249-255; " American 
Republic/ ' 201-207.) 

All able-bodied male citizens of the State of Iowa be- 
tween the ages of 18 and 45 years, except such as are 
expressly exempted by laws of the United States, are sub- 
ject to military duty, and constitute the military force 
of the State. No person, however, having conscientious 
scruples against bearing arms can be compelled to do mili- 
tary duty in times of peace, but persons having such scru- 
ples must pay an equivalent for their exemption in the 
same manner as other citizens. 

The active military force of the State is the organized 
militia, known as the Iowa National Guard. The Guard is 
recruited by the voluntary enlistment of persons eligible 
to military duty. Under the law of Congress enacted in 
1916, the number of enlisted men of the National Guard 
for each State is to consist of 200 men for each Senator 
and Representative within the first year after the passing 
of the law, the number to be increased each year in the 
proportion of not less than 50 per cent until the total peace 
strength of not less than 800 enlisted men for each Senator 
and Representative shall be reached. When the organiza- 
tion of the National Guard of Iowa under this law shall 
have been completed it will number 10,400 men. The Na- 
tional Guard must, as far as practicable, be uniformed, 
armed and equipped with the same type of uniform, arms, 
and equipment as is provided for the Regular Army of 
the United States, and the discipline and training of the 
soldiers of the National Guard must conform to the system 
which is provided for the Regular Army. Members of 
the National Guard must assemble for drill and instruc- 
tion, including indoor target practice, not less than forty- 
eight times each year, and must in addition thereto par- 



34 GOVERNMENT IN IOWA 

ticipate in encampments, maneuvers, or other exercise, in- 
cluding outdoor target practice at least fifteen days in 
training in each year. 

The National Guard may be called into the service of the 
Nation as well as into that of the State. "Whenever the 
United States is invaded or in danger of invasion from 
any foreign nation, or when there is rebellion against the 
authority of the Government of the United States, or 
when the President is unable with the force of the Regular 
Army to execute the laws of the Nation, it is lawful for 
the President to call forth such number of the National 
Guard of Iowa as he may deem necessary to assist in re- 
pelling the invasion, suppressing the rebellion or executing 
the laws. If the President should need more troops than 
can be supplied by the National Guard, the Governor may 
organize further additional forces by ordering into the 
service of the United States as many men from the unor- 
ganized militia as may be deemed necessary. The full mili- 
tary force of the State, about 500,000 men, may 
therefore be made available for national service. 

TAXATION IN IOWA 

(Supplementing "Advanced Civics," 280-287; "American 
Kepublic," 230-235.) 

The constitution of Iowa provides that taxation for State 
and county purposes must be general and of uniform 
operation throughout the State. The General Assembly 
may levy such taxes as may be necessary to meet the ex- 
penditures of the State, but all such taxes must be uni- 
form; that is, all individuals and all classes must be 
uniformly taxed, and all must contribute uniformly with 
like individuals and like classes to the public burden. The 
value of all property subject to taxation must be deter- 
mined by duly authorized assessors. All taxes levied for 
State purposes must be paid into the State treasury, and 



TAXATION IN IOWA 35 

no money can be drawn from the treasury except by the 
authority of a law making a specific appropriation for a 
specific purpose. All real and personal property, including 
all moneys and all bonds and stocks, and the property of 
all corporations and undertakings conducted for profit, are 
subject to taxation. The following classes of property are 
i exempt from taxation : 

1. The property of the United States, such as post-office 
buildings, forts and arsenals. 

2. The property of the State of Iowa, such as capitol 
buildings and court houses. 

3. The property of a county, township, city, town, or 
school district. 

4. The property of religious, benevolent, scientific, and 
literary societies, such as churches, asylums, hospitals, 
schools, libraries, &c. 

5. Burial grounds, providing no dividends or profits are 
derived therefrom. 

6. The utensils of farmers or mechanics to the value of 
$300. 

7. Household furniture to the value of $300. 

8. The property of persons who by reason of age or 
infirmity are, in the opinion of the assessor, unable to 
pay taxes. 

9. Honorably discharged soldiers and sailors are allowed 
an exemption of personal property to the amount of $1200. 

Taxes for meeting the expenses of county government are 
levied by the board of county supervisors ; those for meet- 
ing the expenses of the township by the township trustees ; 
those for meeting the expenses of a city or town by the 
city or town council. "When the amount of revenue neces- 
sary for each of these local units is determined, a statement 
is submitted to the county auditor, who adds to the tax 
required for the town (or city) and township the tax of 
the county and State, and then determines the full rate 
of taxation which must be paid by each taxpayer. 



36 GOVERNMENT IN IOWA 

The assessment of property is done by assessors of the 
townships and municipalities. These officers make a list 
of all taxpayers of the township or municipality, and for 
the value of all assessable property. In determining the 
value of property the taxpayer must cooperate with the 
assessor and must make an oath that he has rendered a 
correct statement of the value of all his property. 

For the equalization and adjustment of taxes there is a 
board of equalization, or board of review for each unit 
of government. In the township this board is the township 
board of trustees; in municipalities it is the council; for 
the State it is the executive council (p. 19). The board of 
review of the township or municipality has the power of 
lowering or raising the assessments of individual taxpayers ; 
the county board of review adjusts the assessments of the 
several townships, cities, and towns within the county ; the 
State board of review adjusts the assessments of the sev- 
eral counties of the State. 

The collection of all taxes is done by the county treas- 
urer. No demand of taxes is necessary, it being the duty 
of every person subject to taxation to call at the office 
of the county treasurer, or at the office of one of his depu- 
ties, and pay his taxes, either in full or in two install- 
ments. Taxes may be paid in full at some time between 
the first Monday in January and the first day of March. 
When they are paid in two installments the first half must 
be paid before the first day of March and the second half 
before the first day of September. 

On the first day of April the first half of a taxpayers 
taxes becomes delinquent, and on the first day of October 
the second half becomes delinquent. Where taxes are not 
paid before they become delinquent interest accrues at the 
rate of one per cent a month until they are paid. If 
delinquent taxes remain unpaid until the first Monday in 
December the county trustee may offer for sale any real 
estate upon which the delinquency rests. 



PUBLIC DEBT 37 



PUBLIC DEBT 

(Supplementing " Advanced Civics, " 286-290; "American 
Kepublic," 240-243.) 

The provisions of the constitution in respect to State 
debts are as follows : 

The credit of the state shall not in any manner be given 
or loaned to, or in aid of, any individual, association, or cor- 
poration; and the state shall never assume, or become responsible 
for the debts or liabilities of any individual, association, or cor- 
poration, unless incurred in time of war for the benefit of the state. 

The state may contract debts to supply casual deficits or failures 
in revenue; or to meet expenses not otherwise provided for; but the 
aggregate amount of such debts, direct and contingent, whether con- 
tracted by virtue of one or more acts of the general assembly, or at 
different periods of time, shall never exceed the sum of two hundred 
and fifty thousand dollars; and the money arising from the creation 
of such debts shall be applied to the purpose for which it was ob- 
tained, or to repay the debts so contracted, and to no other purpose 
whatever. 

In addition to the above limited power to contract debts, the 
state may contract debts to repel invasion, suppress insurrection, or 
defend the state in war; but the money arising from the debts so 
contracted shall be applied to the purpose for which it was raised, 
or to repay such debts, and to no other purpose whatever. 

Except the debts hereinbefore specified in this article, no debt 
shall be hereafter contracted by, or on behalf of this state, unless 
such debt shall be authorized by some law for some single work or 
object, to be distinctly specified therein; and such law shall impose 
and provide for the collection of a direct annual tax, sufficient to 
pay the interest on such debt, as it falls due and also to pay and 
discharge the principal of such debt, within twenty years from the 
time of the contracting thereof; but no such law shall take effect 
until at a general election it shall have been submitted to the people, 
and have received a majority of all the votes cast for and against 
it at such election; and all money raised by authority of such law, 
shall be applied only to the specific object therein stated, or to the 
payment of the debt created thereby; and such law shall be published 
in at least one newspaper in each county, if one is published therein, 
throughout the state, for three months preceding the election at 
which it is submitted to the people. 

The legislature may, at any time, after the approval of such law 
by the people, if no debt shall have been contracted in pursuance 
thereof, repeal the same; and may at any time forbid the contract- 
ing of any further debt, or liability, under such law; but the tax 



38 GOVERNMENT IN IOWA 

imposed by such law, in proportion to the debt or liability which 
may have been contracted in pursuance thereof, shall remain in force 
and be irrepealable, and be annually collected, until the principal 
and interest are fully paid. 

Local governments are restricted in their power to con- 
tract debt by laws of the General Assembly. The restric- 
tion is as follows : No county or other political or munici- 
pal corporation is allowed to become indebted in any 
manner or for any purpose to an amount exceeding in 
the aggregate the amount of 1*4% of the actual value of 
the taxable property within such county or corporation, 
except that cities and incorporated towns may for the pur- 
pose of purchasing, erecting, extending, or maintaining 
and operating waterworks, and constructing sewers, incur 
an indebtedness not exceeding in the aggregate, added to 
all other indebtedness, 5% of the actual value of the tax- 
able property within such city or incorporated town. 

INTRASTATE COMMERCE 

(Supplementing " Advanced Civics, " 339-343; " American 
Republic/ ' 267-270.) 

The life of intrastate commerce in Iowa is a magnificent 
system of highways and railroads. Highways of the town- 
ship are under the control and management of the township 
trustees, who may determine and levy the taxes used for 
the construction and repair of township roads, and appoint 
a road superintendent. Able-bodied male residents of the 
township between the ages of 21 and 45 years, are required 
to give two days ' labor on the roads each year, but persons 
owing road service may pay either in actual labor or in 
money. Certain highways are designated as county roads. 
These are under the management and control of the county 
board of supervisors, who levy the county road tax and 
appoint a county civil engineer. The State Highway Com- 
mission (p. 19) cooperates with the local authorities in the 
improvement and development of the road system. It de- 



ELECTIONS 39 

vises plans of highway construction suited to the needs of 
the different counties; it disseminates information and 
instruction to road officers; it makes investigations as to 
conditions of road work in the counties; it exercises a gen- 
eral supervision over the road officers of the county and 
township ; it enforces the provision of the road law. 

The railroads of the State, both steam and electric, ex- 
cept street-railroads, are under the supervision of the Board 
of Railroad Commissioners (p. 17). The powers and duties 
of this board are : to inquire into any neglect or violation 
of the laws governing railroads; to see that trains are oper- 
ated in a safe manner; to make and fix maximum freight 
rates ; to hear, investigate and determine all complaints al- 
leging unreasonable rates ; to inquire into the management 
of the business of the railroads, and to obtain from them 
such full and complete information as may be necessary 
to enable the board to carry out all the objects of the law. 
Broadly stated, the Board of Railroad Commissioners exer- 
cise over intrastate commerce the same powers as are exer- 
cised by the Interstate Commerce Commission over inter- 
state commerce. 

ELECTIONS 

(Supplementing {t Advanced Civics, " 344-350; "American 
Republic," 271-276.) 

In Iowa there is a registration of voters in cities having 
a population of 3,500 or more. For such cities the council 
appoints for each voting precinct one person from each 
of the two great political parties to act as registers. The 
registration is made on the second Thursday prior to any 
general, city, or special election. Every person desiring to 
vote in a precinct where registration is necessary must 
appear before the registers and present evidence that he 
is duly qualified. Only persons of twenty-one years or 
older are entitled to be registered, but any applicant who 
would be twenty-one years of age on the day of the next 



40 GOVERNMENT IN IOWA 

election, if otherwise qualified, is entitled to have his name 
entered upon the register. If a voter by reason of sickness 
is unable to go to the place of registry, the registers may 
visit the sick voter at his residence and place his name on 
the registration book, if they find him to be a duly qualified 
voter. On election day the registration officers are in ses- 
sion and will register voters who were absent from the 
city on the day fixed for the regular registration of voters. 
In precincts where registration is not required, any person 
claiming the right to vote at an election may be called 
upon to swear in a solemn manner that he is a duly quali- 
fied voter. 

The general election for State, district, county and town- 
ship officers is held on the Tuesday next after the first 
Monday in November. Elections in towns and cities are 
held on the last Monday in March. 

The State constitution provides that voting shall be done 
by ballot. In the casting of ballots the secret or Austra- 
lian plan is followed. The voter receives an unmarked 
ballot from the hands of an election officer and retires 
alone to the voter's booth, where he prepares his ballot by 
marking in the appropriate margin or space a cross (X) 
opposite the name of the candidate of his choice for each 
office to be filled or, if he desires to vote for all the candi- 
dates upon any ticket, he may do so by placing a cross in 
the circle at the head of the ticket. The voter may also 
insert in writing, in the proper place, the name of any 
person for whom he desires to vote, making a cross oppo- 
site the name. Before leaving the voting booth the voter 
must fold his ballot in such a manner as to conceal the 
marks thereon. When a voter is willing to swear that he 
is unable to read English, or that he is physically unable 
to mark his ballot properly, he may receive assistance from 
two election officers, who may mark the ballot as the voter 
directs, but who may not divulge the manner in which it 
was marked. Voting machines may be used where the 



EDUCATION 41 

board of supervision of a county or the council of a city 
decides by a two-thirds vote to purchase and install them. 
A voter who is necessarily absent from home on election 
day is permitted to vote in the place he happens to be, 
providing he has applied to the auditor or clerk of his home 
county or city for a ballot and votes that ballot in the pres- 
ence of the auditor or clerk in the county or city in which 
he is. The ballot thus voted is sent to the home voting 
precinct of the elector on or before the day of election, 
and is opened and counted as a regular ballot. 

Any person offering or giving a bribe to a voter for the 
purpose of influencing his vote, or any voter receiving a 
bribe, is liable to a fine not exceeding $500, or to imprison- 
ment in the county jail. Any person making an agreement 
to pay another a sum of money to refrain from voting is 
liable to fine or imprisonment, the person agreeing to re- 
frain being liable to a similar punishment. The preventing 
of a voter by force or threats of force from casting his bal- 
lot, is punishable by fine and imprisonment, and the pro- 
curing of votes by intimidation is unlawful and punishable. 

EDUCATION 

(Supplementing "Advanced Civics, " 351-359; " American 
Bepublic," 277-282.) 

In accordance with the provisions of the constitution 
and the laws of the General Assembly, there has been estab- 
lished in Iowa a public school system which extends from 
the kindergarten and primary school to the university. 
The public schools are free to all persons between the ages 
of five and twenty-one. For certain classes of children at- 
tendance at school is compulsory, the law providing that 
any child between the ages of seven and sixteen years shall 
attend some public or parochial school for a period of not 
less than twenty-four consecutive weeks each year. If the 
child, however, has the equivalent of an eighth grade edu- 



42 GOVERNMENT IN IOWA 

cation and is regularly employed, its attendance is not 
compulsory. Where a child lives more than two miles 
from a school the compulsory law does not apply unless 
transportation at public expense is furnished. Truant of- 
ficers assist in enforcing the laws relating to school attend- 
ance. 

The governing body of the school in Iowa is known as 
the Board of Directors. For purposes of school government 
every civil township is also a school township, and each 
school township is generally divided into a number of sub- 
districts, or it may exist as an independent and undivided 
district. In each sub-district of a school township the 
voters, on the first Monday in March, elect annually one 
sub-director. If the township contains an even number of 
sub-districts, one director at large is elected. The sub-di- 
rectors acting together constitute the board of directors. 
Cities and towns are usually organized as independent 
school districts and have their own separate board of di- 
rectors. When a majority of the voters in each and every 
sub-district of a township is in favor of independent school 
organization, each sub-district of such township may be- 
come a separate school district known as an independent 
rural district. In cities of the first class the board of 
directors consists of seven members ; in cities of the second 
class, in towns and in cities having special charters, it con- 
sists of five members ; and in independent rural districts it 
consists of three members. When a school township is not 
divided into sub-districts, a board of three directors at 
large is elected. In all cases members of the board of direc- 
tors are chosen by the qualified voters of the district. In 
sub-districts the members of the board of directors are 
chosen for a term of one year ; in all independent districts, 
for a term of three years. Women may vote at school elec- 
tions upon questions relating to taxation or the issue of 
bonds, and they may serve as school officers. 



EDUCATION 43 

The principal duties and powers of a board of directors 
are as follows: 

1. To provide instruction for at least twenty- four weeks 
in each year for all persons of school age. 

2. To estimate the amount of money necessary for the 
support of the schools. The school tax is actually levied 
by the county board of supervisors. 

3. To care for school property, choose sites for school 
buildings, and erect school-houses. 

4. To appoint the teachers of the school districts. 

5. To employ a superintendent of schools. 

An annual meeting of the voters of each school district 
is held in March. It is at this meeting that the directors 
are elected. The voters assembled in annual meetings also 
have power to direct the sale of school property; to vote 
a tax for purchasing ground for school purposes, for build- 
ing school-houses; to add new branches to a course of 
study; and to instruct the directors that school buildings 
may or may not be used for meetings of public interest. 

The county superintendent is elected by a convention 
composed of one representative from each township, city, 
town, and independent district in the county. The super- 
intendent is elected for a term of three years. He serves 
as the organ of communication between the State depart- 
ment of public instruction and the various schools of the 
county. He visits the different schools of his county at 
least once during the school year. He examines applicants 
for teachers' certificates, the questions for the examination 
being furnished by the board of State educational 
examiners. 1 He holds an institute each year for the in- 
struction of teachers in normal methods. He assists local 

1 This board consists of the Superintendent of Public Instruction, 
the president of the State University, the president of the State teach- 
ers' college, and of two members appointed by the Governor. The 
chief duty of the board is to hold examinations for State diplomas 
and certificates for teachers, and to issue such diplomas and certifi- 
cates. 



44 GOVERNMENT IN IOWA 

officers in planning for school buildings. He hears ap- 
peals in matters of school discipline. He receives a salary 
of $1500 per year, and the representatives of the school 
corporation appointing him may allow such further sums 
as they may deem just and proper. 

CORPORATIONS 

(Supplementing " Advanced Civics/' 360-368; "American 
Republic, " 285-292.) 

The constitutional provisions governing private corpora- 
tions in Iowa are as follows : 

No corporation shall be created by special laws; but the General 
Assembly shall provide by general laws for the organization of all 
corporations hereafter to be created, except hereinafter provided. 

The property of all corporations for pecuniary profit shall be sub- 
ject to taxation the same as that of individuals. 

The State shall not become a stockholder in any corporation, nor 
shall it assume or pay the debt or liability of any corporation, unless 
incurred in time of war for the benefit of the State. 

No political or municipal corporation shall become a stockholder 
in any banking corporation directly or indirectly. 

No act of the General Assembly, authorizing or creating corpora- 
tions or associations with banking powers, nor amendments thereto, 
shall take effect, or in any manner be in force, until the same shall 
have been submitted, separately, to the people at a general or special 
election, as provided by law, to be held not less than three months 
after the passage of the act, and shall have been approved by a 
majority of all the electors voting for and against it at such election. 

Subject to the provisions of this article, the General Assembly 
shall have power to amend or repeal all laws for the organization or 
creation of corporations, or granting of special or exclusive privileges 
or immunities, by a vote of two-thirds of each branch of the General 
Assembly; and no exclusive privileges, except as in this article pro- 
vided, shall ever be granted. 

In Iowa any number of persons may form a corporation 
for the transaction of any lawful business. Among the 
powers of the corporation are the following: 

1. To have perpetual succession. 

2. To sue and be sued by its corporate name. 

3. To render the interest of the stockholders transfer- 
able. 



LABOR 45 

4. To exempt the private property of its members from 
liability for corporate debts. 

5. To make contracts, acquire and transfer property, 
possessing the same power in such respects as natural per- 
sons. 

6. To establish by-laws and make all rules and regula- 
tions necessary for the management of its affairs. 

In Iowa, as in most other States, trusts, pools, and com- 
binations in restraint of trade are unlawful. The law de- 
clares that any person, corporation, partnership, or other 
association of persons that enters into an agreement with 
other persons or other associations engaged in like business 
to fix prices, or to divide profits, or to form a trust or 
pool, or to prevent full and free competition among buyers 
and sellers, commits an offense punishable by a heavy fine 
and imprisonment in the county jail. Any person or cor- 
poration injured by the acts of a trust, person or combina- 
tion, may recover damages to the full amount of the injury 
sustained. 

LABOE 

(Supplementing " Advanced Civics," 369-375; " American 
Republic," 293-299.) 

In Iowa there are no constitutional provisions in respect 
to labor, but the General Assembly has passed many laws 
safeguarding the interests of toilers. One of these laws 
is a workman's compensation act which specifies the amount 
of compensation which shall be paid to an employee for 
injuries sustained in the course of his employment in case 
the employer has consented to be bound by the terms of 
the act, and any employer is presumed to have consented, 
unless he has formally elected to reject the law. 1 For ex- 
ample, if an employee meets with an accident which results 
in death, the employer must pay the reasonable expense 

1 If the employer elects to reject the law and its provision, he is 
then liable for injuries or damage as assessed by a jury in a court 
trial. 



46 GOVERNMENT IN IOWA 

of the employee's last sickness and burial expenses to an 
amount not exceeding $100. In addition the employer must 
pay to the dependents of the deceased person a weekly pay- 
ment equal to fifty per cent of his average weekly wages, 
the amount thus paid to be not more than ten dollars nor 
less than five dollars per week, for three hundred weeks. 
For accidents resulting in disability partial in character 
compensation is based upon the extent and nature of the 
disability. For example, for the loss of a thumb the in- 
jured workman receives fifty per cent of his daily wages 
for a period of forty weeks, while for the loss of a hand 
he receives fifty per cent of his daily wages for one hun- 
dred and fifty weeks. No compensation, however, is al- 
lowed where an employee has wilfully injured himself, or 
where intoxication of the employee was the proximate cause 
of the injury. The act does not apply to household or 
domestic servants, or to laborers employed in agricultural 
pursuits. Where the State or a county or a municipality 
is the employer, the act is obligatory and compulsory upon 
both the employer and employee. For the administration 
of the workmen's compensation act there is a State officer 
known as the Iowa Industrial Commissioner. 

The length of the working day of certain classes of 
workers is limited by law. Railway employees engaged in 
connection with the running of trains cannot legally remain 
on duty more than sixteen consecutive hours in any consecu- 
tive twenty-four hours. No child under sixteen years of age 
may be legally employed in any mine, manufacturing estab- 
lishment, factory, mill, laundry, or in any store or mercan- 
tile establishment when more than eight persons are em- 
ployed before the hour of seven o'clock in the morning or 
after six o'clock in the evening. The employment of chil- 
dren under fourteen years in the occupations just cited 
is forbidden entirely, except that the law does not prohibit 
a child from working in an establishment owned and oper- 
ated by his own parents. 



CRIME 47 

When between an employer and his employees there 
arises a controversy which the parties thereto are unable 
to settle, and which is likely to result in a strike or lockout, 
or which menaces the public peace and jeopardizes the wel- 
fare of the community, the Governor, upon the application 
of both parties to the dispute, may be called upon to assist 
in the formation of a board of arbitration and conciliation, 
to which the controversy in question may be referred. The 
board at once proceeds to make an investigation of the 
causes of the dispute and it advises the respective parties 
what in its judgment ought to be done to adjust and settle 
the difficulty. Within ten days from the date of its ap- 
pointment the investigation of the board must be brought 
to an end. While the investigation is being made neither 
party may engage in a strike nor lockout. Any decision 
made by the board is binding for a period of one year upon 
the parties who have joined in an application for arbi- 
tration. 

To assist in finding employment for the unemployed 
there is established in the office of the commissioner of the 
bureau of labor stationed at Des Moines, a department 
known as the State Free Employment Bureau. The duty 
of this bureau is to make lists of the number of applicants 
for employment and the character of the employment de- 
sired; and to cause such lists to be pasted in conspicuous 
places throughout the State. The bureau may also adopt 
and use such other methods of disseminating information 
as will be helpful in bringing the unemployed in touch 
with those desiring to employ workers. The services of the 
bureau are rendered free of charge. 

CEIME 

(Supplementing il Advanced Civics,' ' 377-384; "American 
Kepublic," 301-307.) 

The fundamental rights of persons accused of crimes are 
stated in the bill of rights of the State constitution (p. 7). 



48 GOVERNMENT IN IOWA 

Persons convicted of crime, the punishment of which is con- 
finement in a penitentiary, are imprisoned in the peniten- 
tiary at Fort Madison. Male convicts between the ages of 
sixteen and twenty (except those convicted of murder, 
treason and certain other crimes) are confined in the State 
reformatory. In this institution also are confined all fe- 
males convicted of felony, that is, of an offense that is gen- 
erally punishable by imprisonment in a penitentiary. In 
the reformatory the employment of inmates is such as is 
conducive to the learning of useful trades and callings and 
to intellectual and moral development. Inmates in the 
reformatory and also those in the penitentiary receive 
upon their release a certain compensation for the services 
which they may have rendered during their imprisonment. 
In the penitentiary and also in the reformatory the sen- 
tence imposed is indeterminate, but the imprisonment must 
not be for a longer term than the one provided by law 
for the crime committed. Persons, however, convicted of 
treason or murder do not have the benefit of the indeter- 
minate sentence. Prisoners (except those serving life sen- 
tences) are released on parole. When in the opinion of 
the board of parole (p. 20) a paroled prisoner has given 
evidence that he will remain at liberty without violating 
the law and that his final release is not incompatible with 
the welfare of society, he may be granted his complete 
freedom. 

Children under the age of sixteen are tried in district 
(or superior) courts holding sessions as juvenile courts. 
When a boy or girl under the age of sixteen is found guilty 
in the juvenile court of having committed a crime not pun- 
ishable by death or imprisonment for life, the judge of 
the court may, in its discretion, instead of entering a judg- 
ment of conviction, commit the child to the care or custody 
of a probation officer, and may allow the child to remain 
in its own home subject to the visitation of the probation 
officer. Or the court may cause the child to be boarded out 



CHARITIES 49 

in some suitable family home ; or it may commit the child 
to an industrial school or to any State institution estab- 
lished for the care of delinquent children. Whatever dis- 
position may be made of the juvenile offender, the chief 
object sought by the authorities is his (or her) reformation. 
Whenever, in the judgment of the court, the reformation 
of the child is complete, it is released from custody. But 
no person can be held in custody as a juvenile offender 
beyond the age of twenty-one. 

CHAEITIES 

(Supplementing "Advanced Civics/ ' 385-389; "American 
Kepublic," 308-312.) 

In Iowa the agencies of charity are many and far-reach- 
ing. The law provides that any poor person who is unable 
to earn a livelihood by labor must be supported by near 
relatives — father, grandfather, mother, grandmother, chil- 
dren, grandchildren (male) — if they have sufficient means. 
All poor and indigent persons who cannot be supported by 
relatives are cared for either by the township trustees, or 
by the county board of supervisors. Indigents whose needs 
are temporary are generally relieved by the trustees, but 
those who require permanent aid are cared for by the 
supervisors. In almost every county there is a county farm 
or workhouse, where needy persons of the county may be 
cared for. In some cases deserving persons receive assist- 
ance in their homes, the township trustees supplying them 
with money, food and clothing. 

In addition to the charity which is administered by local 
authorities, there are numerous State institutions estab- 
lished for the support and care of the sick, the insane, the 
deaf, the blind, the feeble-minded, and other classes of 
defectives and delinquents. The purpose of the laws gov- 
erning these institutions is to provide intelligent and scien- 
tific treatment and care for the dependent wards of the 



50 GOVERNMENT IN IOWA 

State, and to provide for delinquents such conditions of 
education and training as will restore the largest possible 
portion of them to useful citizenship. All such charitable 
and corrective institutions, as well as the penal institutions, 
are under the management and control of the State Board 
of Control (p. 21) . The institutions governed by this board 
are as follows: 

Iowa Soldiers' Home at Marshalltown. 

Iowa Soldiers' Orphans' Home at Davenport. 

School for the Deaf at Council Bluffs. 

Institution for Feeble-minded Children at Glenwood. 

State Sanatorium for the Treatment of Tuberculosis at Oakdale. 

Iowa Industrial School for Boys at Eldora. 

Iowa Industrial School for Girls at Mitchellville. 

Mt. Pleasant State Hospital at Mt. Pleasant. 

Independence State Hospital at Independence. 

Clarinda State Hospital at Clarinda. 

Cherokee State Hospital at Cherokee. 

State Hospital for Inebriates at Knoxville. 

Hospital for Female Inebriates at Mt. Pleasant. 

Penitentiary at Ft. Madison. 

Reformatory at Anamosa. 

State Hospital and Colony for Epileptics at Woodward. 

THE POLICE POWER OF THE STATE 

(Supplementing "Advanced Civics," 390-396; "American 
Republic," 313-318.) 

In the exercise of the police power to preserve and pro- 
tect the public health, boards of health have been estab- 
lished in townships, in cities and towns, and in the State 
at large. In the township the township trustees constitute 
the board of health. In cities and towns the mayor and 
council act as the town or city board of health. In cities 
governed under a special charter the board of health con- 
sists of five members, a majority of whom, including the 
mayor, must be members of the city council. The local 
board of health makes such regulations as are necessary to 
protect the health of the community ; it makes regulations 
respecting nuisances; it proclaims and establishes a quar- 



THE POLICE POWER OF THE STATE 51 

antine against all infectious or contagious diseases ; it noti- 
fies persons living in houses unfit for occupancy by reason 
of unsanitary conditions that their dwellings must be put 
into a proper condition of cleanliness, and that if this is 
not done within a reasonable time the occupants will be 
forcibly removed ; it isolates persons sick with smallpox or 
other diseases dangerous to public health; it enforces the 
rules of the State Board of Health. 

The State Board of Health (p. 20) has charge of and 
general supervision over the interests of the health and 
life of the citizens of the State. It has power to make regu- 
lations respecting the public health, and to declare such 
regulations when made to have the force of legislative 
enactments. The State Board of Health, through the local 
boards of health, establishes, maintains and releases quaran- 
tine; it requires the disinfection of persons and premises 
exposed to contagion; it supervises, through its sanitary 
engineer, the installing of water works and the construc- 
tion of sewerage systems ; it investigates into the causes of 
disease, and issues to the people the State instructions re- 
lating to the prevention of transmissible diseases and how 
to correct unsanitary conditions which may exist in any 
part of the State. 

The police power is invoked to prevent cruelty to ani- 
mals. Any person guilty of tormenting, overworking, 
cruelly beating, maiming or starving an animal is liable to 
heavy fine and to imprisonment in the county jail. The 
keeping of places where animals are caused to fight with 
each other is also punishable by law. 

In Iowa the manufacture and sale of intoxicating liquors 
are forbidden. The prohibition is effected through a law 
of the General Assembly, which reads as follows: 

No one, by himself, clerk, servant, employee or agent, shall for 
himself or any person else, directly or indirectly, or upon any pre- 
tense, or by any device, manufacture, sell, exchange, barter, dis- 
pense, give in consideration of the purchase of any property or of 
any services or in evasion of the statute, or keep for sale any intox- 



52 GOVERNMENT IN IOWA 

icating liquor, which term shall be construed to mean alcohol, ale. 
wine, beer, spirituous, vinous and malt liquor, and all intoxicating 
liquor whatever, except as provided in this chapter, or solicit, take or 
accept any order for the purchase, sale, shipment, or delivery of any 
such liquor, or aid in the delivery and distribution of any intox- 
icating liquor so ordered or shipped, or own, keep, or be in any way 
concerned, engaged or employed in owning or keeping any intoxicat- 
ing liquor with intent to violate any provision of this chapter, or 
authorize or permit the same to be done. 

ADDITIONAL PROVISIONS OF THE CONSTITUTION 

Most of the important provisions of the constitution of 
Iowa have been stated in the preceding pages. Below are 
the important provisions of the constitution that have not 
been stated : 

CENSUS 

The general assembly shall, in the years one thousand eight hun- 
dred and fifty-nine, one thousand eight hundred and sixty-three, one 
thousand eight hundred and sixty-five, one thousand eight hundred 
and sixty- seven, one thousand eight hundred and sixty-nine, and one 
thousand eight hundred and seventy-five, and every ten years there- 
after, cause an enumeration to be made of all the inhabitants of the 
state. 

senators; number; apportionment 

The senate shall be composed of fifty members to be elected from 
the several senatorial districts, established by law and at the next 
session of the general assembly held following the taking of the 
state and national census, they shall be apportioned among the 
several counties or districts of the state, according to population as 
shown by the last preceding census. 

representatives; number; apportionment; districts 

The house of representatives shall consist of not more than one 
hundred and eight members. The ratio of representation shall be 
determined by dividing the whole number of the population of the 
state as shown by the last preceding state or national census, by 
the whole number of counties then existing or organized, but each 
county shall constitute one representative district and be entitled to 
one representative, but each county having a population in excess 
of the ratio number, as herein provided of three-fifths or more of 
such ratio number shall be entitled to one additional representative, 
but said addition shall extend only to the nine counties having the 
greatest population. 



ADDITIONAL PROVISIONS OF CONSTITUTION 53 



RATIO AND APPORTIONMENT 

The general assembly shall, at the first regular session held fol- 
lowing the adoption of this amendment, and at each succeeding reg- 
ular session held next after the taking of such census, fix the ratio 
of representations, and apportion the additional representatives, as 
hereinbefore required. 

School Funds and School Lands 
under control of the general assembly 

The educational and school fund and lands shall be under the 
control and management of the general assembly of this state. 

PERMANENT FUND 

The university lands, and the proceeds thereof, and all moneys 
belonging to said fund shall be a permanent fund for the sole use 
of the state university. The interest arising from the same shall 
be annually appropriated for the support and benefit of said uni- 
versity. 

LANDS APPROPRIATED 

The general assembly shall encourage, by all suitable means, the 
promotion of intellectual, scientific, moral, and agricultural improve- 
ment. The proceeds of all lands that have been, or hereafter may 
be, granted by the United States to this state, for the support of 
schools, which may have been or shall hereafter be sold, or disposed 
of, and the live hundred thousand acres of land granted to the new 
states, under an act of congress, distributing the proceeds of the 
public lands among the several states of the Union, approved in the 
year of our Lord one thousand eight hundred and forty-one, and 
all estates of deceased persons who may have died without leaving a 
will or heir, and also such per cent as has been or may hereafter be 
granted by congress, on the sale of lands in this state, shall be, and 
remain a perpetual fund, the interest of which, together with all 
rents of the unsold lands, and such other means as the general assem- 
bly may provide, shall be inviolably appropriated to the support of 
common schools throughout the state. 

FINES, ETC., HOW APPROPRIATED 

The money which may have been or shall be paid by persons as an 
equivalent from exemption from military duty, and the clear pro- 
ceeds of all fines collected in the several counties for any breach of 
the penal laws, shall be exclusively applied in the several counties in 
which such money is paid, or fine collected, among the several school 
districts of said counties, in proportion to the number of youths sub- 
ject to enumeration in such districts, to the support of common 



54 GOVERNMENT IN IOWA 

schools, or the establishment of libraries, as the board of education 
shall from time to time provide. 

[There are statutory provisions on this subject.] 

PROCEEDS OP LANDS 

The general assembly shall take measures for the protection, im- 
provement, or other disposition of such lands as have been, or may 
hereafter be reserved, or granted by the United States, or any person 
or persons to this state, for the use of the university, and the funds 
accruing from the rents or sale of such lands, or from any other 
source for the purpose aforesaid, shall be, and remain, a permanent 
fund, the interest of which shall be applied to the support of said 
university, for the promotion of literature, the arts and sciences, as 
may be authorized by the terms of such grant. And it shall be the 
duty of the general assembly, as soon as may be, to provide effectual 
means for the improvement and permanent security of the funds of 
said university. 

AGENTS OF SCHOOL FUNDS 

The financial agents of the school funds shall be the same that, by 
law, receive and control the state and county revenue, for other civil 
purposes, under such regulations as may be provided by law. 

DISTRIBUTION 

The money subject to the support and maintenance of common 
schools shall be distributed to the districts in proportion to the 
number of youths, between the ages of 1xve and twenty-one years, 
in such manner as may be provided by the general assembly. 



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